2016 Hazardous Waste and Hazardous Materials Reporting Deadlines Announced Reply

2016 will be here before we know it. With the New Year comes a series of compliance reporting deadlines, especially for companies that generate hazardous waste and store and use hazardous materials.

 Toxics Use Reduction Plan Employee Notification – due January 1

Massachusetts companies subject to Toxics Use Reduction (TUR) planning must post a TUR Plan Employee Notification requesting ideas on how to reduce toxic chemical use and waste generation by January 1, 2016.  Please note: The Employee Notification is also required for Resource Conservation (RC) Plans; however for RC Plans, the focus is on the asset chosen for the plan.  There is no Employee Notification requirement for companies that decide to incorporate TUR planning in its Environmental Management System (EMS). 

EPCRA 312 Tier II Reports – due March 1

Federal Emergency Planning and Community Right-To-Know Act (EPCRA) requires that facilities which store chemicals above the threshold planning quantities report those chemicals on a Tier II report annually to the State Emergency Response Commission (SERC) which in Massachusetts is the Massachusetts Emergency Management Agency (MEMA), the Local Emergency Planning Committee (LEPC), and the local fire department. Reports are due March 1, 2016.

Companies having to submit Tier II reports must include, among other information, the exact quantity of each reportable chemical stored at its facility and transportation information for EHSs. In order to provide this data, companies must keep accurate chemical storage inventories to quantify maximum and average amounts of chemicals stored at any one time for the previous calendar year.

The link to guidance regarding the data required by the Commonwealth of Massachusetts for Tier II reporting is http://www.mass.gov/eopss/agencies/mema/emergency-info/haz-mat/serc/

The state contact for information regarding the MEMA requirements for Tier II reporting is

Jeff Timperi at Jeff.Timperi@state.ma.us or (508) 820-2019.

MEMA is requiring Massachusetts facilities to use the online Tier2Manager reporting system for RY 2015.  Information on setting up an account and accessing facility data can be found on the MEMA website at:  http://www.mass.gov/eopss/agencies/mema/emergency-info/haz-mat/serc/

MEMA strongly recommends that companies include a site plan with Tier II reports.  Some LEPCs require site plans, so it’s good to check with them before you submit the Tier II.

Be sure to contact your LEPC and local fire department as well to inquire about any special requirements they may have regarding Tier II Reporting.

The EPA software is available at this link:

http://www2.epa.gov/epcra/tier2-submit-software

Massachusetts Recycling Permit Annual Reports – due March 1

Massachusetts Department of Environmental Protection (MassDEP) requires generators who recycle hazardous wastes under one of MassDEP’s Recycling Permits to report recycling activities for the previous calendar year on a MassDEP form by March 1, 2016. The MassDEP website for hazardous waste reporting and the annual reporting form for hazardous waste recyclers can be found here: http://www.mass.gov/eea/agencies/massdep/recycle/hazardous/periodic-hazardous-waste-reporting.html.

Federal Hazardous Waste Biennial Reports – due March 1

Large Quantity Generators of hazardous waste must file reports by March 1, 2016 which will include a summary of hazardous wastes generated in CY 2015.

The Hazardous Waste (HW) Biennial Report software and forms are now available for 2015 and can be downloaded from http://www.capaccio.com/Resources/Links_Regulatory.html.

The 2015 version of the software must be used to complete and submit the forms. The following must be mailed to the MassDEP:

  • A signed copy of the Federal 8700/12 Site Identification form, and,
  • The report’s SI, GM, and WR files either as exported from the software or in the EPA Biennial Report Flat File format copied to a CD

Massachusetts TURA Form S Reports – due July 1

MassDEP requires filing of Form S reports for companies otherwise using, processing or manufacturing listed toxic chemicals in excess of certain thresholds within the calendar year in addition to the federally required EPCRA 313 Form R reports by July 1, 2016 for toxic chemicals used during CY 2015.

For access to Form S go to: http://www.capaccio.com/Resources/Links_Regulatory.html. Please note, the forms will not be available for download until April, 2016.

  • MassDEP currently lists the following high hazard substances (HHS) with a lower reporting threshold of 1,000 pounds: trichloroethylene (TCE), cadmium and cadmium compounds, perchloroethylene (PCE, perc), hexavalent chromium compounds, formaldehyde, and methylene chloride.
  • MassDEP has added the following HHS for 2016: 1-boromopropane (n-propyl bromide, nPB), hydrogen fluoride, cyanide compounds, and dimethylformamide (DMF).  The reporting threshold will be 1,000 pounds for these chemicals.  Facilities should begin keeping usage records for these chemicals during 2016.  These chemicals will be reporting on the TURA Form S in 2017.

Massachusetts TUR Plans Recertification/Alternative Plan and EMS Options – due July 1

  • Massachusetts facilities that are subject to Toxics Use Reduction Act (TURA) Form S reporting must prepare/update its TUR Plans and submit plan summaries by July 1, 2016 with its Form S reports for calendar year 2015.
  • If a facility has a TUR Plan that has been through two recertification cycles, it has other options in addition to the traditional TUR planning process. For guidance see http://www.capaccio.com/Resources/Links_Regulatory.html.
    • A company can incorporate the TUR planning process into an already established EMS that has been through one full audited cycle. There are some very specific requirements that require the TUR chemicals to be listed as significant impacts in the EMS.  If this option is chosen, then the company does not have to maintain a traditional TUR Plan anymore.  However, it must submit a progress report by July 1, 2016, signed by either a TUR planner with EMS training or an EMS professional with TUR training.
    • Resource Conservation (RC) Plans allow companies to “take a break” from traditional TUR planning for a two year cycle, and then return to TUR planning every other planning cycle. Instead of focusing on the planning of the reportable TUR chemicals, the company can choose one of five assets.  The five assets include energy, water, solid waste, TUR chemicals that are under the reporting threshold, and chemicals that are exempt under TURA that are in articles or are of significant concern to the company.  The planning process for RC Plans is very similar to traditional plans.  Companies who developed an RC Plan in 2014 will have to submit an RC Plan progress report by July 1, 2016.  The plan must be certified by a TUR planner with additional training in RC planning. 

Federal EPCRA 313 Form R Report – due July 1

EPA requires annual filing of Toxic Release Inventory (TRI) Form R reports by facilities that manufacture, process, or otherwise use listed chemicals above certain thresholds.

Form R reports are due July 1, 2016 for chemical releases during CY 2015.  For access to Form R go to:  http://www.capaccio.com/Resources/Links_Regulatory.html.

The method for reporting TRI forms is to use the TRI-Made Easy Web (TRI-ME web) application via the Central Data Exchange (CDX) and the internet located at https://cdx.epa.gov/CDX/Login.

TURA Reporting Fee and Worksheet – due September 1

Toxics Use Reduction Act Fee – Facilities that are subject to Toxics Use Reporting (Form S Reporting) must submit a copy of the Toxics Use Fee Worksheet and fee by September 1, 2016.

CAPACCIO can assist with any or all of your reporting needs. Contact Lucy Servidio at 508-970-0033 ext. 114 or lservidio@capaccio.com or Colleen Walsh at 508-970-0033 ext. 129 or cwalsh@capaccio.com for more information. We’re here to help!

 

EPA’s New Tier II Software Now Available Reply

The newest version of Tier2Submit, the Environmental Protection Agency’s Tier II software developed to help facilities prepare electronic chemical inventory reports, is now available for download. This version, designed for Reporting Year (RY) 2012, can be used to report Emergency Planning and Community Right-to-Know Act (EPCRA) Tier II chemical inventory data. Each state and town may have specific reporting requirements so check with your state before starting the Tier II chemical inventory reports. These reports are due by March 1, 2013 for chemicals stored onsite in calendar year 2012.

Visit the EPA’s Tier II website at http://www.epa.gov/emergencies/content/epcra/tier2.htm to find information on state reporting requirements, to download the Tier2Submit 2012 software, and to review Tier II reporting forms and instructions. For more information, please contact Linda Swift at 508-970-0033 ext. 119 or lswift@capaccio.com.

EPA Updates to EPCRA Section 312 (Tier I and II Reporting) Requirements Reply

The US Environmental Protection Agency (EPA) has modified its Emergency Planning and Community Right-to-Know Act (EPCRA) Section 312 Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II forms) with both new mandatory and optional data elements and updates to the Tier II form structure.

The following data is now mandatory on Tier I and II forms:

  • Reporting facility’s latitude and longitude
  • Identification numbers assigned under EPA’s Toxic Release Inventory (Form R reporting) program and Risk Management Program (if applicable)
  • Whether the facility is manned or unmanned and the maximum number of occupants present at any one time
  • Whether the facility is subject to EPCRA Section 302 (Emergency Planning Notification) and the Clean Air
    Act Section 112 (r) (Risk Management Program)
  • Contact information for the individual responsible for completing the forms and emergency coordinator for facilities subject to EPCRA Section 302
  • Owner/Operator and emergency contact email addresses

In addition to the above, the rule also revised the range codes for the maximum and average daily amount of the hazardous chemical at the facility and added optional data elements for facility phone number and parent company contact information.

EPA also made revisions specific to the Tier II form:

  • Added separate data fields for reporting pure chemicals and mixtures
  • Facilities must provide a description for storage types and conditions rather than reporting codes
  • Revisions to allow for reporting of additional state or local reporting requirements or to voluntarily report hazardous chemicals below the reporting thresholds

These changes are effective January 1, 2014 for reporting year 2013.  Forms for reporting year 2013 are due March 1, 2014.

Please contact Linda Swift at (508) 970-0033 extension 119 or via email at lswift@capaccio.com with any questions you may have regarding these changes.

Tier 2 Reporting Update Reply

Tier 2 reports for reporting year 2011 are due by March 1, 2012.  Facilities covered by Emergency Planning and Community Right-to-Know Act Section 312 Hazardous Chemical Inventory Reporting (i.e., Tier 2 reporting) must submit a Tier 2 form to the Local Emergency Planning Committee (LEPC), the State Emergency Response Commission (SERC), and the local fire department annually.

Facility site plans are not required in Massachusetts, but are encouraged by the state and local agencies.  Site plans are required to be submitted with the Tier 2 form in New Hampshire and Rhode Island.

Transportation information including carrier name, the carrier’s emergency contact phone number, as well as routes and frequency of shipment were required on Tier 2 report in Massachusetts starting for reporting year 2010.  The SERC (the Massachusetts Emergency Management Agency) recently released guidance for 2011 Tier 2 reporting.  The guidance clarifies that transportation information is only required for Extremely Hazardous Substances.  http://www.mass.gov/eopss/home-sec-emerg-resp/emergency-info/haz-mat/serc/guidance-to-massachusetts-tier-ii-reporting-entities.pdf

Environmental Protection Agency (EPA) staff in the Spill Prevention Control and Countermeasures (SPCC) program will be reviewing Tier 2 reports.  If a facility has reported oil on the Tier 2 report in an amount that exceeds the threshold required for SPCC, the EPA will be inspecting your facility to ensure that there is an SPCC Plan in place, if it’s required.

Facilities should prepare the 2011 Tier 2 report using the Tier2Submit2011 software.  The zip file should be emailed to the SERC. The SERC urges facilities to properly name their t2s or zip file.  For example, the tier 2 file for Capaccio Environmental Engineering would be labeled CapaccioEnvironmentalEngineering2011Tier2.t2s.  If the facility has multiple locations within the state, name each file name with the facility’s city.  For example, CapaccioEnvironmental-Marlborough2011Tier2.t2s

Contact your LEPC and local fire department to determine whether to submit the 2011 Tier 2 report via email or CD, or paper. As always, early reporting is encouraged.  The majority of submissions are received during the last two weeks of February.  In past years, the SERC has had issues with processing last minute submissions due to the large volume of submissions at the last minute.  CAPACCIO recommends that facilities submit before the last week of February to ensure submissions are processed on time.

Please contact Linda Swift at 508.970.0033 ext. 119 or  lswift@capaccio.com with any questions you may have regarding Tier 2 reporting.